Merchants' National Bank of Whitehall v. Hall
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 22,1879, affirming a judgment in favor of plaintiff, entered upon a verdict.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 22,1879, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 18 Hun, 176.) This action was brought to foreclose a lien claimed by plaintiff upon nine hundred shares of the stock of the Crown Point Iron Company pledged to it under and by virtue of the following assignment: “Whitehall, December 1, 1876. “ I hereby assign to I. M. Guy, Esq., Cashier of the Merchants’ National Bank of Whitehall, the annexed certificate No. 103, nine…
1Opinion of the Court
Folger, Ch. J.
The difficulty presented by this case is, to determine just what the plaintiff and defendant" agreed to when she made and it received the assignment of the stock.
The first question is, did they mean that it should be a security for debts of Hall that had arisen before the making of the pledge ? It is true, as claimed by the defendant, that the instrument is prospective, and that such an agreement as this does not refer to past transactions in the absence of language to that effect. The application that the defendant seeks, to make of this rule is, that the guaranty applies to no…
2Cases cited4 opinions
- Douglass and Others v. Reynolds and OthersSupreme Court of the United States · 1833
- Agawam Bank v. . StreverNew York Court of Appeals · 1859
- New-Haven County Bank v. MitchellSupreme Court of Connecticut · 1842
- Fox v. ParkerNew York Supreme Court · 1865
3Cited by35 opinions
- Hunter v. N. Y., Ontario & Western R. Co.New York Court of Appeals · 1889
- State Bank v. FioravantiNew York Court of Appeals · 1980
- Harper Furniture Co. v. Southern Express Co.Supreme Court of North Carolina · 1907
- Hooper v. HooperCourt of Appeals of Maryland · 1895
- Citizens' Bank & Trust Co. v. ThorntonCourt of Appeals for the Fifth Circuit · 1909
30 more not listed; retrieve them via the Exa API.